We're spied on more often than you think, journalists groups say

Thousands of people gather in solidarity outside Zaman newspaper in Istanbul, Friday, March 4, 2016 after a local court ordered that Turkey's largest-circulation, opposition newspaper, which is linked to a U.S.-based Muslim cleric, be placed under the management of trustees - a move that heightens concerns over deteriorating press freedoms in Turkey.Emrah Gurel / AP

Canadians may be used to hearing about police tapping journalists’ phones in China, or tailing them down the street in Turkey.

But in Montreal, Canada?

Unfortunately, say organizations like Canadian Journalists for Free Expression, it is happening a lot more than we think.

“It’s something we’ve been suspecting for a long time – that when this kind of power is in the hands of the police they will abuse it,” said Tom Henheffer, executive director of CJFE. “I used to be cautious about drawing parallels with Canada and dictatorships like Turkey, China, Russia or Egypt. But the difference has started to erode, especially when it comes to privacy rights.”

In Lagacé’s case, the police obtained warrants to monitor his cellphone — to see who was calling or texting him, and who he called or texted — and even to pinpoint his location at any given moment through the GPS on his phone.

But this year alone, there were also several other troublesome revelations:

And in May it was revealed that La Presse reporters in Ottawa, Joël-Denis Bellavance and Gilles Toupin, were followed for nine days in 2007 by the RCMP, as the force tried to find out how they obtained classified documents.

In all three cases, police, with the approval of magistrates, targeted journalists to hunt down their sources and try to stop leaks to the press — leaks that made them look bad.

The question now, says Caroline Locher, executive director of the Fédération professionnelle des journalistes du Québec, is how many other journalists have been targeted?

“I think this is just the tip of the iceberg,” Locher said, adding that in the last few months, the FPJQ has heard from several journalists who believe they are being spied on, and have taken to using three or four cellphones each.

The FPJQ has asked the SPVM to provide a list of journalists for whom surveillance warrants have been issued, Locher said.

But what is more troublesome, she said, is that judges responsible for protecting Quebecers’ charter rights to privacy and freedom of expression have approved these warrants — in Lagacé’s case, 24 times.

As a result, Quebecers will be left in the dark, Locher said.

“Right now, any kind of whistleblower — a citizen, someone in government thinking they’ve just seen something reprehensible that citizens in Quebec need to know about — is looking at this saying I can’t call a journalist, they have their phone tapped!” Locher said. “How many who have already spoken to Patrick Lagacé and others are afraid there will be consequences for speaking to the press?”

Mark Bantey, a lawyer for several media organizations, including Radio-Canada and the Montreal Gazette, says he is waiting to see the affidavit that police presented to a justice of the peace to have her issue each of the warrants.

A judge has to meet nine criteria set out by the Supreme Court before approving such a warrant for a journalist, Bantey said, given the media’s role in buttressing a democratic society.

Mostly it comes down to whether there are other less drastic means to get the information police are looking for, and whether they have all been exhausted.

“But if the past is a guideline for this case, I have my doubts about whether that exercise was done,” said Bantey, who has successfully challenged other search warrants targeting specific journalists and media organizations.

“As the Supreme Court has said over and over again: a free press is a fundamental characteristic of a democratic society. Once we start infringing on freedom of the press, we’re infringing on democracy.”

Lagacé himself said he believes the police are trying to intimidate those on the force who might be tempted to speak to journalists.

If they get away with it, says Henheffer, with all the technology at their disposal, it will be a dark day for freedom of expression.

“In George Orwell’s book, 1984, the government had access to everything in your house. Now they can find out everything about you, who are your friends, who you are dating, who you are cheating on …”

The Liberal government has been more receptive than the former Conservative governmentto the CFJE’s concerns about federal legislation, like the anti-terrorism act and Bill C-51 that give police more power to surveil Canadians, but they won’t necessarily repeal them, Henheffer says. That’s why journalists need to stand up to the authorities, and the public needs to wake up, he said.

“This is just one case, but I guarantee there are dozens of others,” Henheffer said. “We need to tell the public this is unjustified abuse — this isn’t partisanship or politics, it’s the core of our ability to do our work.”

Comments

We encourage all readers to share their views on our articles and blog posts. We are committed to maintaining a lively but civil forum for discussion, so we ask you to avoid personal attacks, and please keep your comments relevant and respectful. If you encounter a comment that is abusive, click the "X" in the upper right corner of the comment box to report spam or abuse. We are using Facebook commenting. Visit our FAQ page for more information.

Almost Done!

Postmedia wants to improve your reading experience as well as share the best deals and promotions from our advertisers with you. The information below will be used to optimize the content and make ads across the network more relevant to you. You can always change the information you share with us by editing your profile.

By clicking "Create Account", I hearby grant permission to Market to use my account information to create my account.

I also accept and agree to be bound by Postmedia's Terms and Conditions with respect to my use of the Site and I have read and understand Postmedia's Privacy Statement. I consent to the collection, use, maintenance, and disclosure of my information in accordance with the Postmedia's Privacy Policy.

Postmedia wants to improve your reading experience as well as share the best deals and promotions from our advertisers with you. The information below will be used to optimize the content and make ads across the network more relevant to you. You can always change the information you share with us by editing your profile.

By clicking "Create Account", I hearby grant permission to Postmedia to use my account information to create my account.

I also accept and agree to be bound by Postmedia's Terms and Conditions with respect to my use of the Site and I have read and understand Postmedia's Privacy Statement. I consent to the collection, use, maintenance, and disclosure of my information in accordance with the Postmedia's Privacy Policy.